NRS 285.070 Cash
payment: Amount and payment of award; eligibility and requirements for award;
distribution and use of additional savings.

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NRS 285.005Definitions.As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 285.010 to 285.018, inclusive, have the meanings ascribed to them
in those sections.

NRS 285.016“State agency” defined.“State
agency” has the meaning ascribed to it in NRS
281.195, except that the term does not include a board which is exempt from
the provisions of chapter 353 of NRS pursuant
to NRS 353.005.

NRS 285.018“State employee” defined.“State
employee” means any person employed by a state agency who is not the head of
the state agency or a designee of the head of a state agency for the purposes
of this chapter.

1. Except as otherwise provided in this
section, any state employee or group of state employees may make an employee
suggestion. An employee suggestion must be made in writing to the Board.

2. To be eligible for an award pursuant to
NRS 285.070, a state employee or group of state
employees must make a suggestion:

(a) Which is not currently under active consideration
by the state agency affected;

(b) For which the act of developing or proposing
is not a normal part of the job duties of the state employee, whether acting
individually or as a member of a group of state employees;

(c) Which is not within the state employee’s
authority or responsibility to carry out or implement, whether acting
individually or as a member of a group of state employees;

(d) Which proposes to do more than merely suggest
that an existing policy or procedure be followed correctly;

(e) Which does not concern an individual
grievance or complaint;

(f) Which would not reduce the quality or
quantity of services provided by the relevant state agency; and

(g) Which would not transfer costs from one state
agency to another state agency.

3. If duplicate employee suggestions are
submitted, only the state employee or group of state employees who makes the
first employee suggestion received is eligible for an award pursuant to NRS 285.070.

4. Except as otherwise provided in this
subsection, a state employee, either individually or as a member of a group of
state employees, may not make more than two employee suggestions in any
calendar year. For any employee suggestion made by a state employee, either
individually or as a member of a group of state employees, that is approved in
a calendar year, the state employee may make one additional employee suggestion
during the calendar year.

5. The Board may, in consultation with the
Budget Division of the Department of Administration and the Interim Finance
Committee, establish such additional standards for the making and submission of
employee suggestions as it deems proper.

1. Upon receiving an employee suggestion
pursuant to NRS 285.050, the Secretary of the Board
shall:

(a) Record and acknowledge receipt of the
employee suggestion;

(b) Notify the state employee or each state
employee of a group of state employees who made the employee suggestion of any
undue delays in the consideration of the employee suggestion; and

(c) Refer the employee suggestion at once to the
head of the state agency or agencies affected, or his or her designee, for consideration.

2. Within 30 days after receiving an
employee suggestion that is referred pursuant to subsection 1, the head of the
state agency, or his or her designee, shall report his or her findings and
recommendations to the Board. The report must indicate:

(a) Whether the employee suggestion has been
adopted.

(b) If adopted:

(1) The day on which the employee
suggestion was placed in effect.

(2) The actual or estimated reduction,
elimination or avoidance of expenditures or any improvement in operations made
possible by the employee suggestion.

(3) If the employee suggestion was made by
a group of state employees, a recommendation of the distribution of any
potential award made pursuant to NRS 285.070 to
each state employee in the group. Such a distribution must be proportionate,
fair and equitable based on the contributions by each state employee to the
employee suggestion.

(c) If rejected, the reasons for rejection.

(d) If applicable, whether legislation will be
required before the employee suggestion may be adopted.

3. The Board shall:

(a) Review the findings and recommendations of
the state agency and may obtain additional information or take such other
action as is necessary for prompt, thorough and impartial consideration of each
employee suggestion.

(b) Evaluate each employee suggestion, taking
into consideration any action by the state agency, staff recommendations and
the objectives of the Merit Award Program.

(c) Monitor the efficacy and progress of employee
suggestions that have been adopted and placed into effect.

(d) Provide a report to the Budget Division of
the Department of Administration and the Interim Finance Committee not later
than 30 days after the end of each fiscal year summarizing, for that fiscal
year:

(1) The employee suggestions that were
rejected by state agencies.

(2) The employee suggestions that were
adopted by state agencies and detailing any actual reduction, elimination or
avoidance of expenditures or any improvement in operations made possible by the
employee suggestion.

(3) Any legislation required to be enacted
before an employee suggestion may be adopted.

NRS 285.070Cash payment: Amount and payment of award; eligibility and
requirements for award; distribution and use of additional savings.

1. Except as otherwise provided in this
section, after reviewing and evaluating an employee suggestion, the Board, in
consultation with the Budget Division of the Department of Administration, may
make an award to the state employee or to each state employee of a group of state
employees who made the employee suggestion.

2. If the amount of a proposed award will
exceed $5,000, the award must be approved by the Interim Finance Committee. On
a quarterly basis, the Board shall transmit any proposed awards that exceed
$5,000 to the Director of the Legislative Counsel Bureau for transmittal to the
Interim Finance Committee. In acting upon such an award, the Interim Finance
Committee shall consider, among other things:

(a) The reduction, elimination or avoidance of
expenditures or any improvement in operations made possible by the employee
suggestion; and

(b) The intent of the Legislature in enacting
this chapter.

3. An award made pursuant to this section
may not exceed:

(a) Ten percent of the amount of any actual savings
to the State, as determined at the end of the second fiscal year after the
adoption of the employee suggestion; or

(b) A total of $25,000,

Ê whichever is
less, whether distributed to an individual employee or to a group of state
employees who made the employee suggestion.

4. Awards to employees arising out of
adopted employee suggestions must, insofar as is practicable, be paid from
money other than money in the State General Fund.

5. The total amount of an award made
pursuant to this section must be paid in two equal installments. The first
installment must be paid not later than 30 days after the end of the fiscal
year during which the employee suggestion was adopted, and the second
installment must be paid not later than 30 days after the end of the subsequent
fiscal year.

6. A former state employee is eligible to
receive an award pursuant to this section if the person was a state employee at
the time he or she made an employee suggestion, or was a member of a group of
state employees who made an employee suggestion, that is subsequently adopted.

7. An award may not be made for an
employee suggestion pursuant to this section until the State has realized a
reduction, elimination or avoidance of expenditures or any improvement in
operations as a result of the employee suggestion.

8. Any actual savings to the State
resulting from the adoption of an employee suggestion that remains after an
award is made pursuant to this section must be distributed as follows:

(a) Fifty percent must be transferred to the
State General Fund; and

(b) After a revision to the appropriate work
program pursuant to NRS 353.220, the
remaining balance must be used by the state agency that employs the state
employee or the group of state employees who made the employee suggestion for
one-time, nonoperational expenses which do not require ongoing maintenance,
including, without limitation, training and equipment.